In the film “Miss Shetty, Mr. Polishetty”, the main character portrays a successful chef who staunchly opposes the notions of love and marriage. However, when confronted with loneliness after a life-altering event, she yearns for companionship in an unconventional manner— by choosing to become a single mother through intrauterine insemination (IUI). Discontent with the initially chosen donors, she decides to seek out a suitable and respectable donor for her child. Instead of delving into the subsequent events of the plot, let us explore the legal aspects depicted in the movie.
Methods of Artificial Insemination:
Indeed, as shown in the film, women can undergo artificial insemination to have children without partners. The most prevalent method for single women to achieve pregnancy is Intrauterine Insemination (IUI) using donor sperm. This procedure involves the introduction of cleaned and concentrated sperm into the uterus during ovulation, and it can be performed with or without fertility drugs. Success rates are contingent on factors such as the woman’s age and fertility health. Additional methods include In-Vitro Fertilization (IVF) with donor sperm and egg freezing for future use.
Legal Aspects:
As per the National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India published by the Union Ministry for Health and Family Welfare in 2005, “There would be no bar on the use of ART by a single woman who wishes to have a child. No clinic may refuse to offer its services to the above-provided other criteria are satisfied. The child thus born will have all the legal rights of the woman or the man.”
According to the Assisted Reproductive Technology (Regulation) Act, 2021, any woman above the age of twenty-one who is an Indian citizen is eligible for ART services, encompassing IVF treatment. This implies that single women, regardless of marital status, can now access IVF treatment on the same grounds as married couples.
Whether sperm donation from a known donor is acceptable in India.
While there is no specific legislation dedicated solely to sperm donation, the Indian Council of Medical Research (ICMR) provides guidelines and regulations pertaining to sperm donation in India. Sperm donations are provided in the “National Guidelines for Accreditation, Supervision, and Regulation of Assisted Reproductive Technology (ART) Clinics in India” issued in 2005 and subsequently revised in 2017.
According to the guidelines, Requirements for a sperm donor are outlined with specific criteria to ensure the health and genetic fitness of the donor.
- The individual must be free of HIV and hepatitis B and C infections, hypertension, diabetes, sexually transmitted diseases, and identifiable and common genetic disorders such as thalassemia.
- The age of the donor must not be below 21 or above 45 years.
- An analysis must be carried out on the semen of the individual, preferably using a semen analyser, and the semen must be found to be normal according to WHO method manual for semen analysis, if intended to be used for ART.
- The blood group and the Rh status of the individual must be determined and placed on record.
- Other relevant information in respect of the donor, such as height, weight, age, educational qualifications, profession, colour of the skin and the eyes, record of major diseases including any psychiatric disorder, and the family background in respect of history of any familial disorder, must be recorded in an appropriate proforma.
The use of sperm from a relative or a known friend of the couple is prohibited by law. The responsibility falls on the ART clinic to source sperm from appropriate banks. Both the clinic and the couple are denied the right to know the donor’s identity and address.
Done By: Adithya Menon, 5th year B.A, LL.B(Hons.)
Veltech School of Law, Chennai
For Origin Law Labs
